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Monday, November 25, 2013

Babbitt v. Youpee case brief

Babbitt v. Youpee case brief summary
519 U.S. 234 (1997)

CASE SYNOPSIS

Petitioner secretary challenged the
judgment of the United States Court of Appeals for the Ninth Circuit
which affirmed an order of a lower court which granted respondent
heirs of decedent Indian declaratory and injunctive relief in their
suit, alleging that amended § 207 of the Indian Land Consolidation
Act, 25 U.S.C.S. § 2206, violated the Just Compensation
Clause of the Fifth Amendment.

DISCUSSION

The court affirmed the judgment of the
lower court because it determined that § 207 was invalid; it
effected a taking of property without just compensation in violation
of the Fifth Amendment.

The court previously had invalidated the
statute prior to its amendment.

The court determined that the narrow
revisions that Congress made to the statute did not warrant a
different disposition.

CONCLUSION
The court affirmed the judgment of the lower court.Recommended Supplements and Study Aids for Property Law

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